THE    STATE     LEGISLATURE     AND 
ITS    WORK    UNDER    THE     PART/ 
SYSTEM 


BY 


MARJORIE    SHULER 


STEBBINS    &    COMPANY 

BROOKLYN,    NEW    YORK 
1427  Union  Street 


•y  right.    1922 

BY 

STKBBINS  &  COMPANY 


CHAPTER  I 

THE  LEGISLATURE  AND  ITS  POWERS 

The  State  and  the  Citizen. — In  our  dual  sys- 
tem of  governing  the  functions  and  powers  of 
legislative  authority  are  divided  between  Con- 
gress and  the  respective  state  legislatures.  It  is, 
however,  the  state  authority  that  touches  most 
closely  the  life  and  immediate  interests  of  the 
citizen.  Practically  all  the  laws  that  regulate  the 
conditions  under  which  we  live,  work,  carry  on 
business,  acquire  our  education,  and  derive  our 
amusements  are  the  product  of  the  state  legisla- 
ture, or  of  subordinate  bodies  that  derive  their 
authority  from  that  source.  It  prescribes  the 
qualifications  of  the  physician  who  tends  us  dur- 
ing illness.  It  provides  the  schools  that  we  at- 
tend and  the  boards  of  health  which  regulate  the 
conditions  under  which  we  attend  them.  It  deter- 
mines the  nature  of  the  transportation  that  car- 
ries us  to  and  from  business  in  cities.  It  places 
restrictions  on  various  businesses  and  professions. 
It  touches  us  in  one  way  or  another  in  almost 

97 

520899 


98......       .f  Thf.:  State  Legislature 

every,  transaction  that' we  make  involving  another 
p"ersbn/:  ''And:  tlir'ecfly  or  indirectly  it  collects 
from  us  the  money  with  which  it  pays  for  its  great 
and  varied  activities.  It  is,  therefore,  a  body  in 
which  we  should  have  a  great  personal  interest, 
and  with  whose  acts  we  should  be  familiar. 

Divisions  of  the  Legislature. — In  every  state 
there  are  two  divisions  of  the  legislature,  called 
houses.  This  has  not  always  been  so.  The  first 
legislature  in  this  country,  that  of  Virginia,  in 
1619  had  two  houses;  but  of  the  original  thirteen 
colonies,  both  Georgia  and  Pennsylvania  had  one 
house  only.  Vermont  at  first  had  one  house,  not 
adding  the  second  until  1836.  The  purpose  of 
the  two  houses,  or  bicameral  system  as  it  is  called, 
is  to  provide  against  hasty  and  unconsidered  ac- 
tion. This  method  of  checks  and  balances,  which 
is  a  feature  of  the  entire  American  system  of 
government,  has  beeen  subject  to  criticism,  and  in 
recent  years  there  has  been  agitation,  especially 
in  the  western  states,  for  a  single-chambered  leg- 
islature. 

In  each  state  the  upper  house  is  called  the  sen- 
ate. This  is  regarded  as  the  more  dignified  of 
the  two  bodies,  and  membership  in  it  is  consid- 
ered superior  to  that  in  the  lower  house.  The 
names  given  to  the  lower  house  vary  in  different 
states.  Some  call  it  the  house  of  representatives, 


The  State  Legislature  >  99 

or  house  of  delegates.     Is*  efch 


merely  as  the  house,  or  the  assembly.  Two  states, 
Massachusetts  and  New  Hampshire,  retain  the 
name  applied  in  colonial  days,  general  court. 

Legislative  Powers.  —  In  the  wide  latitude  of 
its  powers  the  legislature  is  the  most  important 
branch  of  the  state  government.  It  may  act  upon 
any  matter  not  prohibited  to  it  by  the  state  con- 
stitution, the  federal  constitution  and  laws,  acts 
of  Congress,  and  United  States  treaties. 

The  scope  of  its  activities  includes  the  grant- 
ing of  charters  to  municipalities  and  the  settle- 
ment of  boundaries  of  counties,  cities,  towns  and 
villages;  the  granting  of  charters  to  railroads, 
banks,  educational  and  benevolent  institutions, 
both  public  and  private  ;  the  regulation  of  taxes, 
licenses,  and  fees;  the  enactment  of  all  criminal 
laws,  including  the  punishment  for  treason,  mur- 
der, arson,  stealing,  bribery,  forgery,  kidnapping, 
fraud,  perjury;  conditions  for  the  ownership, 
sale,  and  use  of  all  land,  including  mortgages 
and  deeds  ;  provision  for  the  making  of  wills,  set- 
tlement of  estates  of  bankrupts  and  deceased  ;  en- 
actment of  laws  controlling  education,  marriage 
and  divorce,  health  restrictions,  elections  and  vot- 
ing; methods  of  transportation  for  railroads  and 
boats,  methods  of  communication  such  as  the 
telegraph  and  telephone;  and  contracts  of  trade, 


10ft  V      /vjFA^ate  Legislature 

,  fishing, 


mining,  manufacturing  and  trading. 

These  are  by  no  means  all  of  the  powers  dele- 
gated to  the  legislature.  A  few  instances  of  the 
proceedings  of  legislatures  will  indicate  the  tre- 
menduous  right  of  dictation  over  municipal  af- 
fairs accorded  to  it.  Not  long  ago  the  people  of 
Philadelphia  were  obliged  by  the  state  legislature 
to  build  a  city  hall  which  cost  $20,000,000.  The 
Ohio  legislature  voted  a  soldiers'  monument 
which  was  built  in  Cleveland  at  the  cost  of  $300,- 
000.  When  New  York  City  wanted  to  build  its 
elevated  railway  system  it  was  compelled  to  ask 
permission  of  the  state  legislature  and  the  grant 
was  made  with  the  provision  that  a  state  commis- 
sion have  authority  and  supervision  over  the 
work.  When  Chicago  wanted  to  prescribe  the 
width  of  wagon  tires  which  could  be  used  on  its 
own  streets,  it  had  first  to  secure  the  consent  of 
the  Illinois  legislature. 

The  city  of  Buffalo  in  New  York  state  has  had 
a  controversy  extending  over  a  considerable  pe- 
riod of  years  as  to  whether  it  should  continue  the 
municipal  government  by  a  mayor  and  board  of 
aldermen,  or  adopt  the  commission  form  of  gov- 
ernment. Since  the  change  affected  the  provi- 
sions in  the  city  charter,  it  was  necessary  when  a 
majority  of  the  voters  had  decided  upon  the  com- 


The  State  Legislature  101 

mission  form  of  government,  to- appeal  to.  the 
legislature  for  a  new  charter.  A  spirited  contest 
ensued  before  representatives  from  other  coun- 
ties would  grant  the  request.  Now  that  the  com- 
mission form  of  government  has  been  in  opera- 
tion in  Buffalo  for  several  years,  its  advocates 
have  a  constant  battle  against  members  of  the 
legislature  from  other  counties  who  desire  to  re- 
store the  old  system. 

There  is  an  increasing  sentiment  in  favor  of 
curtailing  the  powers  of  the  legislature,  which  has 
resulted  in  some  states  in  amending  the  constitu- 
tion in  such  a  way  as  to  limit  the  legislative 
authority.  Some  have  given  to  the  people  the 
power  of  direct  legislation  for  themselves  through 
the  initiative,  which  enables  the  voters  to  propose 
a  law  to  the  legislature;  and  the  referendum, 
which  enables  the  voters  to  ballot  upon  a  law 
which  they  have  demanded  be  referred  to  them. 

Others  have  sought  to  regulate  the  legislature 
by  limiting  the  length  of  its  session,  in  order  to 
prevent  prolonged  debate  and  delay  in  deciding 
important  questions.  This  limitation  has  been 
evaded  by  interpreting  the  constitution  to  mean 
that  the  members  shall  be  paid  for  the  prescribed 
time  only,  but  that  if  important  business  is  still 
to  be  transacted  they  may  remain  in  session  at 
their  discretion ;  or  by  still  other  devices. 


CHAPTER  II 

THE    CONSTITUTION    OF    THE    LEGISLATURE 

The  Time  of  Legislative  Sessions. —  Each 
state  constitution  prescribes  the  time  at  which  the 
regular  session  of  the  legislature  shall  take  place 
and  in  addition  the  governor  of  the  state  is  given 
the  right  to  call  an  extraordinary  session  in  the 
event  of  an  emergency.  Alabama  has  a  quad- 
rennial session;  New  York,  New  Jersey,  Massa- 
chusetts, Rhode  Island,  South  Carolina  and  Geor- 
gia have  annual  sessions.  Other  state  legislatures 
meet  biennially. 

Length  of  Terms. — Louisiana,  Mississippi 
and  Alabama  elect  the  members  of  the  lower 
house  for  terms  of  four  years,  Massachusetts, 
New  Jersey  and  New  York  for  terms  of  one  year, 
and  all  other  states  for  two  years.  New  Jersey 
elects  senators  for  a  period  of  one  year ;  Alabama, 
California,  Colorado,  Delaware,  Florida,  Illi- 
nois, Indiana,  Iowa,  Kansas,  Kentucky,  Louisi- 
ana, Minnesota,  Mississippi,  Missouri,  Montana, 
Nevada,  New  Mexico,  North  Dakota,  Oklahoma, 

102 


The  State  Legislature  103 

Oregon,  Pennsylvania,  South  Carolina,  Texas, 
Utah,  Virginia,  Washington,  West  Virginia, 
Wisconsin,  and  Wyoming,  for  four  years;  and 
Arkansas,  Arizona,  Connecticut,  Georgia,  Idaho, 
Maine,  Massachusetts,  Michigan,  Nebraska, 
New  Hampshire,  New  York,  North  Carolina, 
Ohio,  Rhode  Island,  South  Dakota,  Tennessee, 
and  Vermont,  for  two  years. 

Apportionment. — The  size  of  the  legislature 
varies  in  the  different  states.  The  lower  house  is 
always  the  larger.  Sometimes  the  proportion  is 
one  to  two  as  in  Delaware,  where  there  are  seven- 
teen senators  and  thirty-five  assemblymen. 
More  often  the  ratio  is  one  to  three.  In  the  New 
England  states  the  lower  houses  are  of  still 
greater  size.  New  Hampshire  has  over  four  hun- 
dred assemblymen  to  twenty-four  senators ;  Con- 
necticut two  hundred  and  fifty-eight  assembly- 
men to  thirty-five  senators;  Vermont  two  hun- 
dred and  forty-six  assemblymen  to  thirty  sena- 
tors; Massachusetts  two  hundred  and  forty  as- 
semblymen to  forty  senators. 

The  intent  in  having  such  large  assemblies  is 
to  give  the  most  democratic  representation  pos- 
sible. Sometimes  this  results  in  the  opposite  ef- 
fect. Connecticut  for  instance  gives  representa- 
tion to  each  town,  so  that  one  thousand  persons 
in  one  community  may  have  two  members  in  the 


104  The  State  Legislature 

legislature  and  one  hundred  thousand  persons  in 
another  community  will  also  have  just  two  mem- 
bers in  the  legislature. 

The  more  usual  method  of  apportioning  mem- 
bers is  to  divide  the  voters  into  groups  of  fairly 
equal  size,  allowing  one  representative  for  each 
unit  of  the  voters.  Some  of  the  states  have  found 
it  necessary  to  set  up  additional  safeguards  to 
this  method.  For  instance  New  York  State, 
with  the  tremendous  population  in  the  great  city 
of  New  York,  attempts  to  protect  its  rural  voters 
by  a  law  which  declares  that  no  one  county  in  the 
state  may  have  a  greater  number  of  representa- 
tives than  one-third  of  the  total  number. 

Method  of  Election.— However  the  appor- 
tionment varies,  the  general  scheme  of  elections 
is  the  same,  with  each  small  assembly  district  or 
town  choosing  one  representative  to  the  lower 
house  and  several  districts  or  towns  combining 
to  elect  a  senator  to  the  upper  house. 

The  lines  of  districts  are  usually  changed  by 
the  election  officials  when  the  number  of  voters 
in  them  becomes  so  large  as  to  be  out  of  propor- 
tion to  the  number  of  voters  in  the  other  dis- 
tricts. Thus  one  district  may  be  made  into  two, 
or  several  districts  may  be  changed  so  as  to  add 
one  or  two.  When  this  process  is  done  unfairly 
it  is  called  gerrymandering.  By  gerrymander- 


The   State  Legislature  105 

ing  streets  on  which  voters  of  one  political  party 
live  may  be  assigned  to  another  district,  thus 
leaving  control  of  the  first  district  in  the  hands 
of  the  opposing  political  party.  A  little  colony 
of  voters  of  one  party  in  a  country  district  may 
be  changed  over  to  another  district,  not  only  with 
this  result,  but  also  making  it  necessary  for  them 
to  travel  miles  to  reach  the  polling  place,  often 
discouraging  them  from  voting  at  all.  Some- 
times districts  are  gerrymandered  so  that  two 
members  of  the  legislature  from  one  party  are 
placed  in  the  same  district,  thus  making  it  neces- 
sary for  one  to  withdraw  at  the  next  election  or 
to  move  his  residence  to  another  district  where 
he  will  not  be  so  sure  of  re-election.  Sometimes 
the  move  is  in  favor  of  two  men  who  live  in  the 
same  district,  a  division  making  it  possible  for 
both  to  be  elected  to  the  legislature.  In  close 
elections  where  the  two  dominant  political  par- 
ties are  struggling  for  supremacy  gerrymander- 
ing in  a  very  few  districts  may  decide  the  victory 
for  an  entire  state. 

The  Members  of  the  Legislature.— In  the 
East  political  party  leaders  in  picking  candi- 
dates have  helped  to  create  the  popular  belief  that 
lawyers  are  especially  equipped  for  legislative 
work.  The  pressure  of  business  concerns  that 
desire  to  have  their  special  interests  watched  dur- 


106  The   State  Legislature 

ing  legislative  sessions  has  also  contributed  to  the 
selection  of  lawyers,  who  are  by  the  nature  of 
their  regular  occupations  associated  with  rail- 
roads and  manufacturing  concerns  and  commer- 
cial institutions  of  all  kinds.  In  the  West,  where 
there  is  more  independence  of  party  control, 
farmers  and  business  men,  as  well  as  professional 
men,  are  more  generally  elected  to  legislatures. 

The  individual  voter  who  assumes  the  full  re- 
sponsibility of  citizenship  must  undertake  to  see 
that  his  representative  does  actually  represent 
him  and  not  a  financial  interest.  To  do  this  he 
must  have  personal  knowledge  of  all  the  candi- 
dates, their  qualifications,  their  supporters  and 
their  platforms. 

Salaries  of  Legislators. — In  every  state  the 
salaries  of  senators  and  members  of  the  lower 
house  is  the  same,  but  the  amounts  vary  greatly 
in  the  various  states.  Some  pay  three  dollars  a 
day,  a  sum  which  legislators  say  does  not  pay 
their  expenses  at  the  state  capitol.  South  Caro- 
lina and  New  Hampshire  pay  $200  a  session, 
while  New  York  and  Pennsylvania  pay  $1,500  a 
year.  Small  salaries  mean  that  competent  men 
must  make  sacrifices  in  order  to  serve  their  states, 
while  dishonest  men  are  subjected  to  the  con- 
stant temptation  to  supplement  their  salaries  by 
accepting  money  for  serving  special  interests. 


CHAPTER  III 

THE  ORGANIZATION  OF  THE  LEGISLATURE 

The  Election  of  Officers. — Every  legislature 
meets  in  the  state  capitol.  Immediately  upon  the 
convening  of  the  new  session  each  house  proceeds 
separately  to  organize  for  its  work.  In  states 
where  there  is  a  lieutenant-governor  that  official 
is  designated  by  the  constitution  as  the  presiding 
officer  of  the  senate.  In  other  states  the  presid- 
ing officer  or  president,  as  he  is  usually  called,  is 
elected  by  the  senate  from  its  own  membership. 

The  house  elects  its  own  presiding  officer,  or 
speaker,  as  he  is  ordinarily  called.  While  tech- 
nically it  is  true  that  each  house  elects  the  pre- 
siding officer,  actually  he  is  chosen  in  a  previous 
caucus  or  secret  meeting  of  the  legislators  of  the 
political  party  which  has  a  majority  of  members 
in  the  house.  When  the  house  has  been  convened 
for  organization,  a  leading  member  of  the  party 
caucus  will  rise  and  nominate  the  choice  of  the 
caucus.  It  is  usual  for  the  minority  party  to 
make  a  nomination  from  their  ranks,  also  chosen 

107 


108  The  State  Legislature 

in  caucus.  The  voting  by  the  house  is  a  mere 
matter  of  form,  since  the  minority  caucus  nomi- 
nee is  always  defeated  and  the  majority  nominee 
always  elected.  It  is  considered  courteous  for 
the  minority,  after  the  defeat  of  its  candidate,  to 
withdraw  any  open  opposition  to  the  election  of 
the  majority  nominee.  In  some  cases  of  extreme 
bitterness,  however,  the  minority  party  has  been 
known  by  long  speeches  to  delay  the  election  until 
the  people  of  the  state  have  learned  of  the  fight 
and  the  reasons  for  making  it. 

The  position  of  presiding  officer  carries  with 
it  great  power.  Not  only  does  the  presiding  offi- 
cer have  important  appointments  to  make,  but 
he  can  control  debate  to  a  large  extent.  He  has 
an  important  part  in  determining  the  decisions 
of  the  house  by  recognizing  some  men  and  re- 
fusing to  recognize  others  who  desire  to  speak; 
also  by  allowing  motions  which  block  free  and 
independent  discussion  or  even  by  shutting  off 
speeches  entirely. 

As  soon  as  the  presiding  officer  has  been 
chosen,  the  house  selects  its  business  organization, 
clerk,  sergeant-at-arms,  door-keepers,  messen- 
gers and  other  minor  officials. 

The  Permanent  Committees. — When  that  is 
accomplished  the  presiding  officer  makes  the  an- 
nouncement of  the  committee  memberships,  the 


The  State  Legislature  109 

most  important  of  which  are  those  on  finance,  cor- 
porations, municipalities,  judiciary,  appropria- 
tions, elections,  education,  labor,  manufacturers, 
agriculture,  and  railroads.  Membership  on  these 
committees  is,  of  course,  especially  desirable,  and 
it  is  likewise  decided  in  caucus.  The  party  having 
the  majority  in  the  house  will  take  the  larger 
proportion  of  committee  places,  the  smaller  num- 
ber going  to  the  minority.  Those  legislators  who 
have  been  re-elected  to  office  ordinarily  have  the 
choicest  places,  and  the  new  men  receive  the  less 
desirable  appointments. 

Unofficial  Appointments — These  are  the  of- 
ficial appointments  of  the  house,  but  in  addition 
there  are  unofficial  ones  which  carry  with  them 
much  power.  Each  caucus  chooses  a  floor  leader 
and  usually  a  steering  committee.  These  men 
have  much  the  same  kind  of  control  as  that  of 
the  presiding  officer.  They  manage  floor  tactics, 
and  during  a  close  debate  are  the  ones  recognized 
by  the  presiding  officer  and  permitted  to  make 
motions.  They  decide  to  a  large  degree  in  what 
order  bills  shall  come  up  and  what  the  party  stand 
upon  them  will  be.  They  direct  the  fight  which 
is  always  conducted  against  any  member  who  op- 
poses the  control  of  the  party  leaders. 

In  all  of  these  appointments  made  by  the  cau- 
cus it  is  customary  for  the  party  leaders  to  take 


110  The  State  Legislature 

a  part.  It  is  not  uncommon  for  the  state  political 
party  chairman  and  others  high  in  party  councils 
to  attend  a  caucus  and  to  declare  themselves  con- 
cerning appointments  or  even  with  regard  to 
pending  legislation,  matters  which  are  popularly 
supposed  to  be  managed  entirely  by  the  members 
of  the  legislature. 


CHAPTER  IV 

THE   LEGISLATIVE   PROCESS 

The  Introduction  of  Bills. — The  passage  of 
bills  is  the  most  important  duty  of  the  legislature 
and  here  the  power  of  committees  is  strongly  felt. 
A  bill  may  be  the  result  of  the  individual  obser- 
vation of  a  legislator,  it  may  represent  the 
thought  of  a  community  or  an  organization  of 
citizens  interested  in  the  common  good,  or  it  may 
be  instigated  by  some  private  corporation  which 
expects  personal  gain  thereby.  Whether  it  is 
actually  drafted  by  a  legislator  or  by  some  in- 
terested outside  group,  it  must  be  introduced  by 
a  legislator  and  thereafter  is  known  by  his  name. 
It  may  be  brought  forward  in  both  houses  on  the 
same  day;  or,  in  controversial  cases,  it  may  be 
introduced  at  first  only  into  one  house,  the  one  in 
which  it  will  receive  most  support,  in  order  that 
its  friends  may  control  it. 

The  Bill  in  Committee. — After  the  bill  has 
been  read  in  the  house,  it  is  referred  to  the  com- 
mittee having  general  jurisdiction  over  matters 

111 


112  The  State  Legislature 

to  which  it  pertains.  Since  the  speaker  has  the 
authority  to  refer  the  bill,  its  friends  usually  con- 
sult him  first,  endeavoring  to  influence  him  to 
refer  it  to  a  committee  which  will  act  favorably, 
rather  than  one  which  is  known  to  be  hostik  to  it. 
Here  may  come  the  first  clash.  The  speaker  may 
yield  to  the  entreaties  of  friends  of  the  bill,  while 
the  opponents  are  sure  to  protest  over  the  refer- 
ence of  the  bill  and  to  urge  reasons  why  it  should 
be  sent  to  another  committee.  Here  may  come 
a  test  vote  on  the  bill,  for  the  opposition  may 
prove  itself  so  strong  that  the  speaker  will  feel 
obliged  to  ask  the  house  to  sustain  or  overthrow 
his  ruling. 

Committees  are  often  referred  to  as  'grave- 
yards of  legislative  hopes.'  In  the  secrecy  of 
executive  sessions  a  committee  discusses  a  bill  and 
determines  whether  or  not  it  shall  ever  again  see 
the  light  of  day.  It  may  pigeonhole  the  bill  and 
never  report  it;  although  under  certain  condi- 
tions the  house  may  by  a  majority  vote  order  the 
bill  from  committee.  The  committee  may  decide 
to  hold  hearings  on  the  bill  or  it  may  refuse  to 
grant  hearings.  It  may  report  the  bill  with  a 
recommendation  for  its  rejection  or  its  accept- 
ance. When  the  bill  is  returned  to  the  house,  it 
goes  to  the  calendar,  has  a  second  reading,  is  sub- 
ject to  general  discussion  and  amendment,  and 


The  State  Legislature  113 

then  proceeds  to  a  third  reading  and  passage  or 
defeat. 

The  Power  of  the  Opposition. — Through  all 
of  these  steps  the  opponents  and  proponents  of  a 
bill  may  have  a  running  fight.  The  opponents 
have  several  weapons  to  use.  They  may  try  to 
talk  a  bill  down,  delaying  the  proceedings  of  the 
house  to  such  a  degree  that  other  legislation  is 
imperiled  and  the  particular  bill  may  be  dropped 
for  a  time  or  laid  on  the  table  temporarily.  A 
motion  to  lay  the  bill  on  the  table  is  another 
means  of  defeating  it ;  and,  on  such  a  motion,  the 
opponents  are  sure  to  be  able  to  get  the  votes  of 
weak  members  who  can  be  swayed  to  voting  with 
them  on  a  technicality  of  this  kind,  when  they 
would  not  dare  vote  openly  against  the  bill  itself. 
The  opposition  is  certain  also  to  suggest  amend- 
ments, which  would  tend  to  nullify  or  alter  the 
original  intent  of  the  bill.  For  every  one  of  these 
moves  the  friends  of  the  bill  must  be  prepared. 
Often  a  bill  has  been  lost  when  there  were  enough 
votes  to  insure  its  passage,  solely  because  its 
friends  were  not  alert  to  the  meaning  of  techni- 
calities, 

In  one  legislature  in  which  there  was  a  clear 
majority  for  a  bill,  the  chairman  of  the  commit- 
tee to  which  it  was  entrusted  did  not  realize  the 
importance  of  making  sure  of  the  attendance  of 


114  The  State  Legislature 

all  friendly  committee  members  at  the  meeting 
at  which  it  was  to  be  considered.  As  a  result  the 
enemies  of  the  bill  on  the  committee  voted  by  a 
majority  of  one  to  report  it  unfavorably.  The 
bill  thus  went  to  the  house  with  an  undeserved 
handicap.  Throughout  the  entire  debate  on  the 
bill,  lasting  for  a  week,  the  enemies  were  con- 
stantly interposing  parliamentary  objections 
which  made  friends  of  the  bill  lose  the  floor  for 
discussion  and  motions,  adjournments  come  at 
most  unfortunate  times  and  a  final  week-end  re- 
cess possible.  The  week-end  was  fatal  to  the  bill. 
Thousands  of  dollars  were  spent  sending  tele- 
grams and  delegations  to  the  legislators  in  their 
homes  and  from  a  majority  of  fifteen  in  its  favor, 
the  bill  slipped  back  to  defeat  by  four  votes. 
There  are  cases  of  unwise  proposals  where  such 
a  .delay  might  work  to  the  advantage  of  the  peo- 
ple, but  in  this  case  popular  sentiment  was 
strongly  in  favor  of  the  bill,  and  its  defeat  was 
a  sore  blow  to  public  welfare. 

Technical  Motions.- — In  order  that  friends 
of  a  bill  may  not  be  mistakenly  led  to  voting  on 
the  wrong  side  in  moot  questions,  it  is  usually 
arranged  among  the  friends  of  the  bill  that  one 
man  whose  support  is  certain  and  whose  name 
comes  well  up  to  the  top  of  the  alphabet  will  give 
the  signal.  The  leaders  for  the  bill  will  gather 


The  State  Legislature  115 

at  his  seat  for  conference  when  a  vote  is  to  be 
taken  and  as  he  votes  so  all  friends  of  the  bill  are 
expected  to  do.  In  one  bitter  legislative  fight 
recently,  the  speaker  ordered  all  members  into 
their  seats.  As  a  consequence  the  first  seven 
votes  of  friends  of  the  bill  were  scattered,  none 
of  these  particular  members  being  certain  of  the 
parliamentary  question  involved.  It  was  not 
until  the  name  of  the  strongest  supporter  of  the 
bill  was  reached  that  members  were  sure  how 
they  ought  to  vote  and  the  spectators  were 
amused  at  the  promptness  with  which  the  A's  and 
B's  sprang  to  their  feet  and  demanded  to  change 
their  votes. 

One  of  the  most  unfair  practices  of  legislators 
is  to  trade  votes  with  each  other  in  such  instances 
as  this.  A  man  who  desires  to  have  his  own  bills 
advanced  will  agree  to  vote  for  another  bill,  pro- 
vided the  friends  of  that  bill  will  promise  to  give 
him  a  certain  number  of  votes  for  his  bills.  In 
this  way  members  have  been  known  to  secure  ap- 
propriations and  special  favors  for  their  districts 
which  would  never  have  been  granted  had  they 
been  considered  on  their  merits. 

The  Bill  Before  the  Second  House.— Once 
passed  in  one  house,  the  bill  goes  to  the  other 
house  for  action.  Here  it  may  encounter  honest 
opposition  or  competition,  due  to  the  desire  of 


116  The   State  Legislature 

an  individual  member  or  of  a  majority  of  the 
house  to  be  its  originator.  Deadlocks  of  this 
kind  are  not  frequent,  but  they  are  by  no  means 
rare,  and  they  point  a  lesson  to  the  voter  who  has 
a  keen  interest  in  a  certain  bill  to  see  that  its 
friends  in  both  houses  agree  upon  the  tactics  to 
be  pursued. 

If  a  bill  is  amended  in  the  second  house,  it  is 
returned  to  the  house  where  it  originated  for  con- 
currence. If  the  amendments  are  refused  by  the 
first  house,  a  conference  committee  is  usually  ap- 
pointed by  the  two  houses  to  consider  and  recom- 
mend a  compromise.  A  conference  committee 
has  greater  power  than  any  other,  for  its  report 
is  not  subject  to  amendment  and  friends  of  a  bill 
are  thus  often  forced  to  accept  very  objectionable 
amendments  or  else  lose  a  bill  altogether. 

The  Final  Step.- — After  a  bill  has  been  passed 
it  is  sent  to  the  governor  of  the  state,  whose  sig- 
nature is  required  before  the  bill  can  become  law, 
except  in  North  Carolina.  The  governor  may 
veto  a  bill,  which  then  requires  a  majority,  or  a 
two-thirds  or  a  three-fifths  vote  in  both  houses 
to  be  passed  over  his  veto. 

Checks  on  Legislators. — In  the  belief  that 
legislators  have  not  been  sufficiently  guided  by 
the  wishes  of  their  constituents  and  have  either 
impeded  bills  or  hurried  through  unwise  legisla- 


The  State  Legislature  117 

tion,  some  states  now  require  that  all  bills  be  in- 
troduced during  a  stated  term  at  the  opening  of 
each  session.  At  the  conclusion  of  the  appointed 
time  a  recess  is  declared  and  the  members  are 
expected  to  devote  themselves  to  studying  the  bills 
and  to  hearing  the  wishes  of  their  constituents 
with  regard  to  them.  At  the  expiration  of  the 
recess,  they  return  to  the  capitol  for  a  second 
limited  period  at  which  these  bills  and  no  others 
may  be  passed. 

All  action  by  the  legislature  is  recorded  by  the 
clerks  or  secretaries  in  the  journal,  and  the  jour- 
nal should  always  be  open  to  voters  who  seek  to 
know  the  exact  attitude  of  their  legislators  on  the 
questions  submitted  to  them. 


CHAPTER  V 

LEGISLATIVE   ABUSES 

The  Legislative  Joker. — One  of  the  evils 
arising  in  connection  with  the  passage  of  bills  is 
the  introduction  of  what  are  termed  "jokers." 
Perhaps  an  entire  committee  or  an  individual 
member  of  a  committee  or  perhaps  a  legislator 
during  discussion  on  the  floor  will  add  to  a  bill 
a  phrase  whose  real  meaning  is  not  clear  to  the 
rest  of  the  body.  Or  if  clear  to  them,  its  purport 
may  be  concealed  from  the  public  until  after  the 
adjournment  of  the  body.  Such  a  phrase  some- 
times renders  a  bill  unconstitutional.  Sometimes 
it  constitutes  a  new  ruling  on  a  matter  entirely 
foreign  to  the  main  bill.  In  any  event  months  of 
delay  must  intervene  before  a  new  legislature  can 
correct  the  bill. 

Committee  Room  Secrecy— Another  abuse 
comes  from  the  transaction  of  much  of  the  busi- 
ness relating  to  bills  in  a  committee  room.  Pri- 
vacy enshrouds  the  real  backers  and  opponents  of 

118 


The  State  Legislature  119 

bills,  making  it  difficult  for  the  public  to  deter- 
mine the  exact  issues  involved. 

Bi-partisan  Combinations.  —  One  of  the 
greatest  evils  arises  from  the  fact  that  our  politi- 
cal system  is  so  organized  that  the  entire  respon- 
sibility for  the  failure  or  passage  of  a  bill  cannot 
be  laid  upon  any  one  political  group.  On  the 
surface  there  is  much  opposition  between  parties. 
Their  representatives  attack  each  other  in  public. 
As  an  actual  fact  bipartisan  combinations  are  a 
very  common  thing.  It  is  often  arranged  be- 
tween the  leaders  of  the  parties  that  each  will 
give  a  certain  percentage  of  the  votes  needed  to 
carry  a  piece  of  legislation,  but  that  the  necessary 
majority  will  be  withheld.  Thus  a  bill  may  fail 
by  one  or  two  votes.  Sometimes  it  is  agreed  that 
a  bill  will  be  passed  in  one  house  and  that  the 
other  house  will  assume  the  responsibility  for 
voting  it  down,  or  delaying  it  in  committee,  or 
prolonging  debate  on  the  floor  so  that  an  ad- 
journment of  the  session  comes  before  the  bill 
can  possibly  be  passed. 

Recently  the  failure  to  pass  a  certain  bill  was 
charged  against  the  majority  party  in  one  state 
legislature.  As  a  fact  the  majority  party  would 
have  been  obliged  to  give  practically  a  unani- 
mous vote  of  its  members  in  both  houses  in  order 
to  secure  the  required  number  of  votes  to  pass 


120  The  State  Legislature 

the  bill.  The  minority  party  gave  just  one  vote 
to  the  bill  in  each  of  the  two  houses. 

Failure  of  Attempts  to  Regulate  Legis- 
latures.—  Attempts  to  regulate  the  legislature 
in  its  conduct  have  not  been  very  successful. 
During  an  attempt  to  prevent  bipartisan  agree- 
ments in  one  legislature  recently,  nearly  half  the 
members  struck.  Day  after  day  they  sat  in  their 
seats,  refusing  to  answer  to  roll  call,  declining  to 
participate  in  debate,  refraining  from  voting  on 
bills.  After  two  weeks  of  this  impasse  the  re- 
formers gave  in,  and  the  strikers  jubilantly  cele- 
brated their  victory. 

In  another  state  it  has  become  a  habit  for  legis- 
lators who  are  outvoted  to  run  away,  thus  break- 
ing a  quorum  and  making  any  action  by  the  body 
impossible.  Under  ordinary  circumstances, 
when  a  quorum  of  the  membership  is  not  present, 
the  presiding  officer  may  be  empowered  to  ask 
the  sergeant-at-arms  to  find  the  absentees  and 
bring  them  to  their  seats.  In  this  situation  the 
legislators  remove  themselves  from  the  jurisdic- 
tion of  the  state  entirely  by  going  over  the  border 
into  the  next  state  and  remaining  until  terms  are 
negotiated  or  the  session  automatically  ends.  It 
has  been  charged  that  they  have  even  taken  this 
trip  on  passes  from  a  railroad,  whose  interest  in 
the  legislation  of  the  state  is  very  great. 


CHAPTER  VI 

THE   THIRD    HOUSE 

The  Lobby.— The  greatest  of  all  legislative 
abuses  is  the  control  over  it  exercised  by  those 
who  are  entirely  outside  of  the  membership  of  the 
legislature,  the  'third  house/  that  body  of  repre- 
sentatives or  'lobbyists'  who  are  present  in  every 
state  capitol  urging  the  members  of  the  legiti- 
mate two  houses  of  the  legislature  to  pass  or  de- 
feat bills  according  to  the  wishes  of  private 
interests  instead  of  the  public  interest.  Some- 
times the  lobbyist  is  a  quiet,  unobtrusive  traveler 
who  has  "just  happened"  to  be  in  the  city  and  is 
interested  in  watching  the  legislature  at  work. 
Sometimes  he  is  himself  a  resident  of  the  state,  a 
lawyer,  a  claim  agent  for  a  railroad,  or  a  repre- 
sentative of  a  merchant  or  manufacturer.  Be- 
cause of  the  very  difficulty  of  determining 
whether  a  lobbyist  is  serving  the  honest  purpose 
of  letting  a  legislator  know  the  desires  of  a  ma- 
jority of  his  constituents,  or  whether  he  is  rep- 
resenting a  minority  of  entrenched  financial 

121 


122  The  State  Legislature 

interests,  there  is  a  present  effort  to  secure  legis- 
lation requiring  the  registration  of  all  lobbyists, 
the  names  of  their  employers  and  the  amount  of 
money  which  they  spend  during  the  session. 

It  does  the  citizen  little  good  to  be  able  to  re- 
peat by  rote  the  powers  and  duties  of  his  state 
legislature  unless  he  has  at  least  equal  knowl- 
edge of  these  sinister  influences  of  invisible  gov- 
ernment which  attempt  to  pervert  the  system. 

Although  stories  of  corruption  and  intimida- 
tion due  to  the  activities  of  the  'third  house'  are 
current  in  nearly  every  session  of  every  state  leg- 
islature, the  facts  rarely  come  to  public  knowl- 
edge. Where  they  are  exposed  the  insidious 
forces  crumble,  for  invisible  government  made 
visible  loses  its  power. 

The  Tennessee  Lobby. — One  of  the  most 
glaring  instances  of  attempted  political  sabotage 
exposed  in  recent  years  was  the  extra  session  of 
the  Tennessee  legislature  of  1920,  when  the  fate 
of  the  thirty-sixth  ratification  of  the  federal 
woman  suffrage  amendment  hung  in  the  balance 
and  the  most  skillful  lobbyists  were  gathered 
from  all  over  the  country  in  an  unsuccessful  at- 
tempt to  debauch  the  handful  of  men  who  had 
gone  from  the  cotton  plantations  and  the  cotton 
mills  into  the  state  legislature. 

All  the  state  knew  that,  prior  to  the  opening 


The  State  Legislature  128 

of  the  session,  a  majority  of  the  legislators  had 
pledged  themselves  to  their  constituents  to  pass 
the  ratification  resolution  and  it  soon  became  clear 
that  the  fight  to  make  these  men  repudiate  their 
pledges  was  a  fight  not  only  for  and  against 
woman  suffrage,  but  a  struggle  between  the  'third 
house,'  collected  from  all  over  the  country,  and 
the  two  houses  of  Tennesseans,  elected  by  the 
people  of  Tennessee  as  their  legislators.  As  such 
the  story  has  an  important  place  in  the  history  of 
American  government. 

Charges  against  the  'third  house'  were  made 
openly  on  the  floor.  One  member  of  the  legis- 
lature said,  "What  is  a  greater  crime  than  for 
the  interests  from  New  York  to  San  Francisco  to 
send  lobbyists  here  to  ask  you  to  break  your 
pledges,  or  for  certain  newspapers  connected  with 
railroads  to  threaten  you  as  they  have  been  do- 
ing for  days?"  Another  member  opened  his 
speech  with  these  words,  "When  the  special  in- 
terests made  an  attack  on  this  legislature  last 
January  they  had  a  gang  of  lobbyists  to  put  over 
their  infamous  bills.  I  recognize  in  the  lobbies 
these  same  special  interest  servers.  You  have  an 
opportunity  on  this  occasion  to  rid  this  state  of  an 
incubus  that  has  laid  its  claws  in  this  legislature 
for  fifty  years.  Let  us  show  by  our  votes  that  the 
special  interests  are  done  in  Tennessee." 


124  The  State  Legislature 

Methods  of  the  Lobbyists. — How  did  the 
'third  house'  attempt  to  influence  the  legislators? 
Two  men  were  given  the  third  degree,  heing 
called  to  the  telephone  every  few  hours  day  and 
night,  so  that  sleepless  and  worn,  they  might  the 
easier  yield  to  the  promises  and  threats  which 
were  made  them.  Not  only  were  the  two  men 
told  that  they  would  be  defeated  in  the  next  elec- 
tion, but  one  of  them  was  warned  that  if  he  stood 
by  his  pledge  to  vote  for  ratification  he  would 
lose  the  little  district  school  where  he  was  teach- 
ing. 

Positions  in  the  internal  revenue  service  were 
promised  some  of  the  legislators,  until  an  appeal 
was  taken  to  the  President  of  the  United  States. 

Frequent  attempts  were  made  to  get  friendly 
legislators  so  drunk  that  they  would  perforce  be 
absent  when  the  vote  was  taken  and  two  men 
were  actually  taken  captive  in  an  automobile  and 
driven  miles  from  town  until  one  of  them  forced 
the  abductor  at  the  point  of  a  pistol  to  return  to 
the  capitol.  Affidavits  against  the  moral  charac- 
ter of  one  legislator  were  shown  to  him  and  he 
was  told  that  secrecy  was  the  price  of  his  vote. 

In  previous  campaigns  such  as  this  both  in 
Tennessee  and  in  other  states,  good  citizens  had 
retreated  when  they  saw  the  lengths  to  which  the 
opposition  was  prepared  to  go,  but  in  this  case 


The  State  Legislature  125 

the  battle  was  fought  to  a  finish,  the  legislators 
kept  the  pledges  they  had  made  to  their  con- 
stituents and  the  'third  house'  received  one  of  the 
most  thorough  beatings  in  history. 

Good  government  would  be  tremendously 
helped  if  every  voter  understood  that  such  ef- 
forts are  made  to  prevent  legislators  from  serv- 
ing their  own  consciences  and  the  desires  of  their 
constituents. 

A  legislator  may  be  assured  that  invisible  gov- 
ernment has  already  secured  so  strong  a  hold  that 
if  he  fails  to  serve  it,  he  will  be  made  a  'horrible 
example/  Other  horrible  examples  are  pointed 
out  to  him,  men  who  never  get  appointments  on 
good  committees,  whose  bills  are  always  defeated, 
who  cannot  secure  patronage  which  their  con- 
stituents expect.  Perhaps  he  is  told  that  he  will 
be  helped  or  opposed  at  the  next  election  by  in- 
visible government.  He  is  handicapped  in  telling 
the  truth  back  home.  Such  charges  are  never 
popular  and  invisible  government  makes  severe 
reprisals.  Will  his  constituents,  who  want  hon- 
est government,  understand  the  situation?  Will 
they  show  sufficient  interest  to  help  re-elect  him 
if  he  stands  for  what  they  want?  The  often- 
quoted  indifference  of  good  voters  may  make 
the  legislator  hesitate. 

Pernicious  Propaganda. — Another   powerful 


126  The  State  Legislature 

agency  for  deceiving  the  voter  and  keeping  him 
from  realizing  the  significance  of  what  is  going  on 
in  the  legislature  is  the  ally  which  the  'third  house' 
most  frequently  employs,  propaganda.  This 
may  be  compared  to  the  third  ring  of  the  political 
circus,  which  distracts  the  attention  of  the  voter 
from  the  two  rings  which  he  should  be  watching. 
Propaganda  may  be  useful  in  creating  public 
opinion  for  a  good  bill,  but  it  is  often  used  to  con- 
ceal the  real  purpose  of  a  bad  bill  or  to  discredit 
a  good  one. 

In  a  recent  state  campaign  against  a  strong 
lobby  of  the  'third  house/  the  following  statement 
was  made  regarding  propaganda:  "We  have 
found  that  there  exists  in  our  state  a  dangerous 
subversion  not  only  of  legislative  opinions,  but  of 
public  opinions  as  well.  We  have  found  a  condi- 
tion by  virtue  of  which  it  is  evident  that  it  has  been 
made  exceedingly  difficult  for  any  constructive 
or  industrial  measure  to  get  adequate  and  un- 
biased consideration  before  either  the  public  or 
the  legislative  opinion  of  the  state,  and  we  have 
found  that  the  influences  at  work,  far  from  being 
invisible,  are  flagrantly  and  cynically  open,  and 
are  rapidly  becoming  notorious.  We  call  the  at- 
tention of  our  legislators  and  of  the  public  gen- 
erally to  the  fact  that  propagandism  as  created 
and  financed  by  certain  powerful,  vested  inter- 


The  State  Legislature  127 

ests  is  assuming  a  highly  potent,  though  unregu- 
lated, political  and  governmental  function. 
Propagandism  would  seem,  in  fact,  to  be  taking 
the  place  of  political  'bossism'  such  as  ruled  the 
state  ten  or  twenty  years  ago.  Since  the  people 
now  have  more  or  less  direct  control  of  political 
party  machinery  it  has  become  impossible  for  one 
or  two  or  three  'bosses'  at  the  top  to  command 
legislative  action  at  will  without  regard  for  the 
possible  resentment  of  the  people.  For  the  sup- 
port of  various  little  'bosses/  in  or  out  of  the  legis- 
lature, certain  special  interests  have  inaugurated 
a  campaign  of  pseudo-patriotic  propaganda 
which  has  been  used  to  confuse  the  people  as  a 
whole  with  regard  to  the  real  nature  of  such  legis- 
lation as  these  particular  interests  may  choose  to 
consider  'undesirable.' ' 

The  Lobby  and  the  Newspaper.— The  news- 
papers of  several  large  eastern  cities  recently  dis- 
covered that  a  correspondent  whom  they  had  been 
paying  for  supposedly  unbiased  stories  about  a 
legislative  fight  was  receiving  a  large  salary  as 
publicity  representative  for  one  of  the  important 
interests  involved.  They  immediately  sent  staff 
writers  to  gather  the  real  facts,  but  the  correc- 
tions never  caught  up  with  the  first  stories  which 
undoubtedly  had  a  big  part  in  defeating  legisla- 
tion desired  by  the  people  of  the  state. 


128  The  State  Legislature 

In  another  case  a  lecturer  was  engaged  to 
make  a  series  of  addresses  on  American  ideals. 
After  he  had  appeared  in  a  dozen  cities  he  learned 
that  he  was  the  'dust  thrower'  for  men  who  were 
following  to  organize  against  certain  bills  which 
were  pending  before  the  legislature  and  a  state- 
ment was  promptly  made  to  that  effect. 

That  the  'third  house'  is  responsible  for  many 
more  instances  than  these  is  certain.  A  great 
American  statesman  recently  said,  "This  is  the 
real  urge  in  American  politics.  Invisible  govern- 
ment is  the  foe  of  all  right-thinking  people  and 
unless  we  can  oust  its  agencies  we  shall  not  be 
able,  no  matter  who  is  elected,  to  have  good  gov- 
ernment. I  wish  all  the  people  of  America  could 
see  the  danger  from  this  slimy  thing  which  is  re- 
sponsible for  most  of  the  bad  laws  and  the  bad 
execution  of  those  laws." 

Surely  each  citizen  must  learn  to  know  the 
'third  house'  as  well  as  the  authorized  two  houses 
of  the  legislature  if  he  is  to  do  his  part  that  "gov- 
ernment of  the  people,  by  the  people,  for  the 
people  shall  not  perish  from  the  earth." 


LD21-loOm-7,'39(402s) 


Pamphlet 

Binder 
Gaylord  Bros. 

Makers 
Syracuse,  N.  Y. 

PAT.  JAN  21,  1908 


520899 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


